These WhatsApp and social media posts can land you in legal trouble in South Africa

There are several pitfalls to using social media, and a recent case brought before the Western Cape High Court highlights the risk of posting defamatory comments.

Roy Bregman from Bregman Moodley Attorneys investigated a case between roofing contractors Dakman and Dalmar who were responsible for the Hartland Lifestyle Estate Development in Mosselbay, with the former making defamatory remarks against the latter.

Dakman was initially appointed by Dalmar to do roofing work for specific phases of the Hartland development.

However, Dalmar terminated the contract following disputes over the quality of Dakman’s workmanship and productivity.

Dakman then took to social media to air its grievances.

They posted a public notice statement on a WhatsApp group with 300 members in the Herolds Bay area.

Moreover, they made statements on Facebook claiming that the developers were compromising safety by taking shortcuts in the development process.

Hartland and Dalman (the applicants) then approached the court seeking the following:

• An interdict to prevent Dakman from making any further allegations through any form of statement, such as social media posts.
• A directive for Dakman to remove the defamatory remarks.
• A directive for Dakman to issue a retraction and apology to the applicants for defaming them.

The applicants said that Dakman’s publications constituted defamation, warranting some form of relief.

The court agreed with the applicants and said that Dakman had made baseless claims on social media regarding the quality of work at the development with the intention of pressuring the applicants to pay the outstanding invoices.

Bergman said that the case highlights the potential consequences of posting defamatory remarks on social media.

“The court’s decision to issue an interdict, remove offending publications, and demand a retraction and apology serves as a deterrent for similar behaviour in the future,” Bergman said.

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